In New York City, a popular Jewish-style deli has said that a legal challenge to its Instant Heart Attack Sandwich is not acceptable. A lawsuit filed by 2nd Avenue Deli claimed that bosses at Arizona's Heart Attack Grill threatened legal action over its coronary-inducing entree and a planned Triple Bypass Sandwich, reports the Daily Mail.
The deli has asked the court to block its competitors from pursuing the trademark infringement case.
AdvertisementThe Heart Attack Grill, which serves single, double, triple and quadruple bypass hamburgers, claimed in a letter to 2nd Avenue Deli dated March 29 the eatery stole the idea to market fatty foods that will send customers to the hospital.
The letter, obtained by the New York Daily News, read: "We believe you copied Heart Attack Grill's family of medically-themed food items, including its 'BYPASS' trademarks.
Referring to 2nd Avenue Deli's nickname, after founder Abe Lebewhohl, it continued: "Although copying is the highest form of flattery, in the case of Uncle Abies, copying Heart Attack Grill's trademarks is a violation of Federal Trademark Law."
2nd Avenue Deli is now challenging the claims in Manhattan federal court. The filing notes 2nd Avenue Deli has been serving its popular Instant Heart Attack Sandwich - a half-lb of either corned beef, pastrami, turkey or salami between two deep-fried potato pancakes - 'since before the Heart Attack Grill even existed'.
The chain's fat-filled menu includes a Quadruple Bypass Burger consisting of four half-lb beef patties, eight slices of American cheese, one whole tomato and half an onion served in a bun coated with lard - packing in approximately 8,000 calories.
While a Single Bypass Burger rings up at 9.00 dollars, any meal is free to customers who weigh in at 350lbs and over.
The lawsuit filed by 2nd Ave Deli seeks to have a judge declare no infringement, as well as unspecified court costs.
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